California Unpaid Wages Attorneys
The California Labor Code goes above-and-beyond federal laws when it comes to the wage and hour rights of employees in our state. Still, some employers continue to either make errors or intentional decisions that deprive employees of their rightful compensation.
If you believe that your employer has violated your rights under the law and owes you back pay, you need to contact a California unpaid wages attorney at Blair & Ramirez LLP as soon as possible. Our legal team can evaluate your rights and the best way to seek the back pay you deserve under the law.
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Taking legal action against your California employer
An experienced employment attorney can help you determine whether you have an unpaid wage claim against your employer. Call us here at Blair & Ramirez LLP. Our team can then help you gather all the information and evidence you need to prove the violation and recover the wages you deserve. No matter what your claim entails, we help employees stand up against wage theft. Whether it was intentional or accidental on the part of the employer, it is your money and you should be paid for your work. We can negotiate with your employer or, if necessary, pursue a lawsuit in court to ensure you are paid what you are owed.
Your rights to wages in California
Your rights under California law will depend on the nature of your employment, whether you are categorized as non-exempt or exempt, and several other factors. If you believe that your employer violated your wage rights, you should have an experienced attorney review your case and your situation.
There are several different categories of unpaid wage cases that our attorneys handle, including the following:
All non-exempt employees are entitled to receive the state’s minimum hourly wage, the floor for which is set by state law. There are some municipalities and counties throughout the state where minimum wage is higher than the state’s minimum. If your paycheck comes out to less than minimum wage for all the hours—or partial hours—that you worked, your employer is depriving you of wages you deserve under the law.
Non-exempt employees are also entitled to 1.5 times their normal hourly pay rate for all of the hours they work over eight hours per-day, or over 40 hours per-week. Many employers find ways to avoid paying overtime rates, including misclassifying employees, resulting in unpaid wages for overtime work.
Unpaid tips or commission
Some employers try to deny employees tips or commission payments they rightfully earned. If you work for tips or commissions and you believe your employer owes you compensation, contact our wage lawyers right away. These calculations can be complicated and complex, so you want the right legal assistance.
Denial of break time
California has strict laws regarding the rest and meal breaks that employees deserve during their shifts. If employees are deprived of proper break time—or are expected to work or remain on-call during breaks—they can seek unpaid wages from their employers. The penalties can equal one hour of wages for every workday an employee did not receive a proper break.
Unreimbursed business expenses
Employers in California are required to reimburse employees for reasonable business expenses. This can include mileage, the costs of a home office, supplies purchased, and more. Often, employers can deny reimbursement, in which case their employees should discuss an unpaid wages claim with an experienced attorney.
Unpaid vacation time
When an employer allows employees to accrue vacation time, that time is considered to be compensation under the law. When the employment relationship ends, your employer is required to pay you for any vacation time you did not use. Too many employers leave this compensation off of an employee’s final paycheck.
Employers might look for reasons to take deductions from paychecks, though only a few types of deductions are actually authorized by California law. Employers may not take deductions for losses the company experienced due to employee negligence, or for payroll advances or loan payments. If you did not agree to certain deductions, you might have an unpaid wages claim.